Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-09-30

| favor Of an interview. The old rule still held
good That is to say IN accredited reporter would
| be admitted to the doors Of their cells upo1
| their request. 1t must probably be admitted
| that the reporters, generally speaking, had not
won the confidence of the anarchists to very
| high degree, and in this hour of their great
! grief the condemned men probably turned to a
remembrance of some Of their long-forgotten
prayers, and found more consolation therein
| than from reportoral visits. AT any rate, they
one and all returned the sumo answer to these
applications. to wit: 'There is no answer
| The hours passed wearily, if not sadly, with
| the condemned men. The visitor to the cage
could easily watch their movements as they
passed to and fro in their cells Lingg appeared
less stubborn than usual. He took down from
the shelf in his cell tho several little pieces of
handiworl which he has made since his con-
! fnement, and seemed to contemplate them
| fondly, yet sadly. He arranged them before him,
and then appeared to assume an attitude of
prayer A careful observation of the manner in
which he placed his hands and his occasional
| movement of them told plainly that the IRON
hearted German bolnbmaker had been con-
quered, and was going back to the recollections
Of an early German Christian home and endeav-
oring to recall them for his own consolation in
| this hour of trial. The reporter called Chief
Turnkey Pearce to the scene, and he compre-
| hcndins its import, turned away without q re-
mark. Engel sat with his face buried in his
hands and did not move during the two hours
that he WAS moro or less constantly observed
Fischer passed to and fro in his cell with the
agility and nervousness Of tigress. Fielden
was restless, but appeared to be packing up his
cell effects as if it were moving day. Schwab
sat in plain view of the party in the cage read
ing a newspaper in a calm, careless attitude.
Spies was examining photographs, probably
one OF Nina, and came to his cell door occasio1l-
ally with u smile of contempt for those whom
the recognized below Parsons was too sly to
render his actions visible.
TO THE FEDERAL SUPREME COURT.
The attorneys for the condemned men will
next make ss an appeal to the United States su-
already been prepared. The first point raised
is on all alleged error in Judge Gary's rulings
concerning the selection OF the jury. In this
tuition is quoted In all criminal prosecutions
the, accused shall enjoy the right to speedy
and nd public trial by an impartial jury
The second point raised is regarding the fore
ible search Of the editorial rooms of the A.
better Zcii"nG. In this connection the fourth
amendment to the Constitution is quoted "The
sons, houses, papers and effects against I'M
reasonable searches md seizures shall not be
vloiuted.' 1t is claimed, of course. That tho
forcing omen Of Spies desk, whereby tao letters
Of Herr MosG We're discovered, is u violation OF
this provision of the Constitution.
The third error claimed is that Spies was
compelled to be u witness against himself and
against ali of tie defendants when he was COM
PEELED to state whether or not lie had received
The famous Most letters Tho fifth amendment
to the Constitution is quoted in support of this
contention: Nor shall uny person be compelled
in any criminal case to be IL witness against
himself"
The fourth error claimed is supported by the
sixth and eighth anend,nelita t, The Coustitu-
ton. as follows: In ull criminal prosecutions
the accused shal be informed OF the nature
and cause OF the accusation and Cruel and
unusual punishment shall not be intiicted.r On
this head the defense claim that, while a con-
spiracy to incite may have been proved, u con-
spiracv to use violence was not proved, but
that, nevertheless. the penalties Of the latter
were administered.
The fifth error which the United States ST.
preme Court will be asked to pass upOn is the
right of the defendants to preach and teach So
cialism and anarchy In support of this the
first amendment to the Constitution is cited :
Congress shall make no laws respecting all es-
tablishment of religion or prohibiting the free
exercise thereof" The point may seem q little
far fetched, but it is proposed to protect the
teachers of anarchy and socialism by this con-
stitutional provision.